DMCA Policy

1. Digital Millennium Copyright Act Compliance

MakPixel respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we have adopted and implemented a policy that provides for the removal of any infringing material and for the termination of users who are repeat copyright infringers.

2. Reporting Copyright Infringement

2.1 How to File a DMCA Takedown Notice

If you believe that your copyrighted work has been copied and is accessible on MakPixel in a way that constitutes copyright infringement, you may submit a DMCA takedown notice. Your notice must include all of the following information:

3. DMCA Takedown Process

4. Counter-Notification Process

4.1 Filing a Counter-Notice

If you believe your content was removed in error, you may file a counter-notification containing:

• Your physical or electronic signature
• Identification of the removed content and its previous location
• Statement under penalty of perjury that removal was due to mistake or misidentification
• Your contact information
• Statement consenting to jurisdiction of federal court
• Statement accepting service of process from the complainant

4.2 Counter-Notice Review

Upon receiving a valid counter-notice, we will:

• Forward the counter-notice to the original complainant
• Restore the content within 10-14 business days
• Only refrain from restoration if the complainant files a court action

5. Repeat Infringer Policy

5.1 Account Termination

MakPixel has adopted a policy of terminating user accounts that are repeat copyright infringers. This includes:

• Users who receive multiple valid DMCA takedown notices
• Users who repeatedly upload copyrighted material
• Users who file false counter-notices
• Users who engage in systematic copyright infringement

5.2 Warning System

• First violation: Warning notice and content removal
• Second violation: Temporary account suspension (7 days)
• Third violation: Extended suspension (30 days)
• Subsequent violations: Permanent account termination

6. Copyright Protection Measures

6.1 Content Screening

MakPixel employs various measures to prevent copyright infringement:

• Automated content recognition systems
• Manual review of uploaded content
• User reporting mechanisms
• Regular audits of platform content
• Photographer verification processes

6.2 User Education

We provide resources to help users understand copyright law:

• Copyright guidelines and best practices
• Fair use explanations and examples
• Model and property release requirements
• Licensing terms and conditions

7. Safe Harbor Compliance

MakPixel qualifies for DMCA safe harbor protection under 17 U.S.C. § 512 by:

• Designating an agent to receive infringement notifications
• Implementing a repeat infringer termination policy
• Not having actual knowledge of infringing activity
• Not receiving financial benefit from infringing activity
• Responding expeditiously to takedown notices
• Not interfering with standard technical measures

8. International Copyright Issues

8.1 Global Copyright Laws

MakPixel respects copyright laws worldwide and will honor valid takedown requests from any jurisdiction that provides:

• Equivalent legal protections to DMCA
• Proper legal authority and jurisdiction
• Sufficient evidence of copyright ownership
• Clear identification of infringing material

8.2 Treaty Obligations

We comply with international copyright treaties including:

• Berne Convention for the Protection of Literary and Artistic Works
• World Intellectual Property Organization (WIPO) Copyright Treaty
• Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

9. False Claims and Abuse

9.1 Penalties for False Claims

Users who file false or bad faith DMCA notices may face:

• Legal liability for damages under Section 512(f)
• Attorney fees and court costs
• Account suspension or termination
• Criminal prosecution for perjury

9.2 Abuse Prevention

To prevent abuse of the DMCA process:

• We verify complainant identity and authority
• We review notices for good faith basis
• We track patterns of questionable claims
• We may require additional evidence for suspicious claims

10. Alternative Dispute Resolution

10.1 Mediation Services

Before filing legal action, parties are encouraged to consider:

• Direct communication to resolve disputes
• Professional mediation services
• Arbitration through recognized organizations
• Industry-specific dispute resolution programs

10.2 Settlement Negotiations

MakPixel may facilitate settlement discussions between parties when appropriate, though we are not liable for the outcome of such negotiations.

12. Policy Updates

This DMCA Policy may be updated periodically to reflect changes in law or platform operations. We will notify users of material changes through:

• Platform announcements
• Email notifications to registered users
• Updates to our Terms of Service
• Posted notices on our website